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2026 DAILYLAW 7699 (ALL)

NIRDESH KUMAR v. UNION OF INDIA AND 2 OTHERS

WRIC/23841/2026 · 2026-09-15

Ajit Kumar, Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23841 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Rajesh Tripathi, learned counsel for the respondent nos. 1 and 2. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the Regional Passport Officer to issue passport, which would be valid for a period of ten years as per the period prescribed under The Passports Act, 1967. 3. Per contra, it is argued by the learned counsel for respondents nos. 1 & 2 that a passport for a period of one year can be issued as the applicant is involved in a criminal case and has obtained No Objection Certificate from the Criminal Law Court concerned to travel abroad and to possess a valid passport, in view of the notification issued by the Ministry of External Affairs as well as the Home Ministry. 4. We have perused the order passed by the Chief Judicial Magistrate, Court No. 4, Moradabad. Thus, in the circumstances and in view of the notification issued by the Ministry concerned, passport can only be valid for a period of one year, if no time period is prescribed under the order granting No Objection. 5. However, we may clarify that in the event that No Objection has already been granted and the criminal case remain pending, the petitioner would not be required to furnish No Objection again and again unless and until the trial Versus Counsel for Petitioner(s) : Gaurav Tiwari, Mumtaz Ahmad Siddiqui, Riyaz Ahmad Siddiqui Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Tripathi Nirdesh Kumar .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Court passes any order contrary to the earlier order passed. 6. In the aforesaid circumstances, while we justify the issuance of a passport which is valid for one year, we further provide that renewal of passport shall also automatically take place so long as the No Objection Certificate issued by the trial Court continues. 7. With the aforesaid observations, the writ petition is disposed of. September 16, 2026 Junaid WRIC No. 23841 of 2026 2 (Siddharth Nandan,J.) (Ajit Kumar,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad